SRI MADAV S/O RAMA MOGER v. SRI IRSHAD S/O ABUBAKAR SAB GANGAVATI
MFA/100465/2022 · 2025-04-26
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50103 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50103 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT THE HON9BLE MR. JUSTICE V.SRISHANANDA AND SHRI RAKESH M BILKI, MEMBER
MISCELLANEOUS FIRST APPEAL NO.100465/2022 (MV-I) LOK ADALAT NO.292/2025
BETWEEN
SRI. MADAV S/O. RAMA MOGER, AGED ABOUT 47 YEARS, OCC: DRIVER IN FISHING BOAT, R/O. MATADHITLU, POST: KAIKINI- 581354, TQ: BHATKAL, DIST: UTTARA KANNADA. ...APPELLANT (BY SMT. DEEPA UDIYAR, ADVOCATE)
AND
1.
SRI. IRSHAD S/O. ABUBAKAR SAB GANGAVATI, AGE MAJOR, R/O. NADUMASTERI, TQ. KUMTA, DIST. UTTARA KANNADA-581332.
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2.
THE BRANCH MANAGER, THE UNITED INDIA INSURANCE CO. LTD., THE BRANCH OFFICE, ANUGRAHA COMPLEX, BUNDER ROAD-581354, TQ: BHATKAL, DIST: UTTARA KANNADA. &RESPONDENTS (BY SRI. S. V. YAJI, ADV. FOR R2)
THIS MISCELLANEOUS FIRST APPEA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 03.11.2017 PASSED IN MVC NO.714/2016 ON THE FILE OF THE MEMBER OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL AND SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CALSS, BHATKAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
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CONCILIATION ORDER The learned counsel for the claimant and the representative of insurance company along with its counsel are present.
2. After prolonged negotiations, the matter is settled. The claimant has agreed to receive and the insurance company has agreed to pay a sum of Rs.90,000/- (Rupees Ninety Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect. Same is accepted.
3. The said amount shall be released in favour of the claimant under due identification.
4. The insurance company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of Award, failing which the said amount shall carry interest at the rate of 9% p.a. from the date of default, till the date of deposit.
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5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly. Draw up the award accordingly.
Sd/- JUDGE
Sd/- MEMBER
KAV CT: AN